HomeMy WebLinkAboutHartz, Clay CUPHUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
Council Mem eTS CITY OF MERIDIAN PUBLIC ~b'ORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
(208) 887-" I I
GLENN BENTLEY MERIDIAN, IDAHO 83(ri2r-.; ,-, ~~j
Phone X08 ~~
RON ANDERSON (_ ) 888-4433 ~ Fax (208) 8874813 -YI~L.4NMNG AND ZONING
DEPARTMENT
KEITH BIRD 0 C T ~ 8 1998 I'-08) 88.1-5532
C~'~' Y U~' ii~lEi~I~~i~d
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8~gZoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: October 19, 1998 HEARING DATE: November 10, 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE,.MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT '
,ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION- DISTRICT
fDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF REC T (PRELIM & FINAL
YOUR CONCISE REMARKS:
~-
MERIDIAN PLANNING AND ZONING MEETING: November 10, 1998
APPLICANT: CLAY HARTZ dba FASHION FLOORS 8 INTERIORS ITEM NUMBER: 13
REQUEST: CONDITIONAL USE PERMIT FOR A RETAIL CARPET STORE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: SEE ATTACHED COMMENT
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENT
CITY ATTORNEY:
CITY POLICE DEPT: SEE ATTACHED COMMENT
CITY FIRE DEPT: SEE ATTACHED COMMENT
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT: SEE ATTACHED COMMENT
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENT
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENT
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shalt become property of the City of Meridian.
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORR~ A Good Place to Live
Co~~~~l Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
MEMORANDUM:
To: Planning & Zoning Commission/Mayor & Council
LEGAL DEPARTMENT
~2os>ss4-4264
PUBLIC WORKS
BUILDING DEPARTMENT
~2osl say-221 i
PLANNING AND ZONfNG
DEPARTMENT
(208)884-5533
November 6, 1998
From: Bruce Freckleton, Assistant to City Engineer ~~ N Od 0 6 1998
Shari Stiles, P&Z Administrator ~~ ~` ~'IERIDIAN
~.'~~
Re: REQUEST FOR CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
at 126 E. King Street by Clay Hartz
We have reviewed this submittal and offer the following comments as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
1. All construction shall meet all Codes applicable to commercial property which have been
adopted by the City. Construction needs to meet ADA requirements for handicap
accessibility.
2. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance. All parking areas are to be paved. Paving
and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4
and 11-2-414.D.5 of the City of Meridian Zoning and Development .Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
3. A drainage plan designed by a State of Idaho licensed. architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All site drainage shall be contained and disposed of on-site.
4. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt as
required per City Ordinance Section 11-2-414.D. Existing trees shown on site plan
exceed this requirement.
5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-2-414.D.3.
6. Sanitary sewer and water to this facility would be via existing service lines. Plans for
sewer and water service will be reviewed to see if the additional load' would justify
additional assessments. Please provide any information that you may have with regard to
Hartz.CUP.doc
P&Z Commission/Mayor & Council
November 6, 1998
Page 2
your anticipated water demand. Applicant will be required to enter into an Assessment
Agreement with the City of Meridian prior to operation.
7. Zoning Certificate and Certificate of Occupancy are required prior to operation.
8. The retail use shall not adversely impact surrounding properties due to traffic and other
activities.
9. Applicant shall provide for adequate screening of adjacent residential properties to provide
needed buffers.
10. Five-foot-wide sidewalks shall be installed along the King Street frontage and within the
property in accordance with City Ordinance 11-9-606.B. The four-foot-wide gravel walk
is not an approved pedestrian walkway.
11. Provide screened trash enclosure per City Ordinance Section 11-2-414.A.3. Coordinate
dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc.
Locate dumpsters so as not to impede fire access.
12. No signage has been proposed, and none is approved with this application. All signage
shall be in accordance with the standards set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance. All signage - shall be subject to design
review. No temporary, A-frame or flashing. signage will be permitted. Non-conforming
signage will be removed by the City upon 3 days' notice to the applicant.
13. All outdoor storage of equipment and materials shall be screened from view.
Hartz.CUP.doc
HUB OF TREASURE ugLLEY
Mayor LEG,4L DEPARTMENTg
ROBERT D. CORRIE A Good Place to Live
Council Memberv
CITY OF MERIDIAN PUBLICSWORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 ~?08~ ~~~ ~~ I'
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48~c~~. INNING AND ZONING
KEITH BIRD
OGT 2 ~ 1998 DEPARTMENT
(?OS) 88-i-533
~~~I~I
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: October 19, 1998 HEARING DATE: November 10, 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P2
MARK NELSON, P/Z
BYRON SMITH, P/Z
'KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
'CITY ATTORN EY
CITY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL
YOUR CONCISE REMARKS: ! ~ ~ C~ ~~r ~~
2
~~~~~
• Mayor HUB OF TREASURE VALLEY
ROBERT D. C,ORRIE A Good Place t0 Live LEGAL DEPARTMENT
(208)881-4264
Co ~n it M m rc CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 ,~^~ ('-°8) 887-'-'-11
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887~~ v~~~LANNING AND ZONING
KEITH B[RD OCT 2 ~ 19g8 DEPARTMENT
(308)884-5533
~~~
~.x~
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE:__October 19, 1998 HEARING DATE: November 10. 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL_CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P2
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P1Z
^KEITH BORUP, P2
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD; C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING. DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
C ITV ATTOR N EY
_CITV ENGINEER
_CITV PLANNER
-CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL
YOUR CONE REMARI~S:~~t~ ~~1!'!C ~"h S ~¢!'
.. .~ ~x:~ ~k ~,
~,
,
r` E ~ ~t3w
~.sa ~isy
... larint.e~de~t
CENTRAL
•• DISTRICT
~1'HEALTH
DEPARTMENT
CENTRAL DISTRICT HEALTH DEPARTMENT a.
Environmental Health Division
REcEI~T~i~~leturn to:
^ Boise
T ~ ~ ~9~C ^ Eagle
Rezone ## f'TTY (1F 11JfFRTT)TA\j ^ Garden City
~ ®Meridian
Conditional Use ## /~~ lei'/~~ ~Gl~p~t S-~=ore.
^ Kuna
Preliminary /Final /Short Plat ^ ACZ
^ I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided- before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
0 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
® central sewage ^ community sewage system ^ community water well
^ interim sewage i~ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13
14.
We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas
^ beverage establishment ^ grocery store
^ child care center
Date: ~/ ~.3 / ~0
/~
Reviewed By:
coHO ia9i ~c, «~. us, Review Sheet
_, ~ .. ~ ~51, ia.. IUD/S ~ ln. ~° des
d ~ b ~:
` . r. ~t
t
.
.. n...+... ..
~~ .. ... ... ., ..,.a .. .. ~ $ ,
.. ~ r~. a~ as.... ......,. i.x..-
SUSAN S. EASTLAKE; President ~ ~~CE~(~`(~~ ,
GARY E. RICHARDSON, V(ce President - ~ y~
SHERRY R. HUGER, Secretory ~ ~V ~ ~ 1998
CITY OF VIERTD7A1v
November 12, 1998 P~Al~TNING & ZONING
Clay Hartz
313 W. Cherry Lane "'
Meridian, ID. 837 ~`
Re: Staff Level Approval
MCU-27-98 126 King Street Retail carpet store
Facts and Findings:
A. The Ada County Highway District (ACRD) staff has received the above referenced application
requesting design review approval to convert an existing single family dwelling into a retail
carpet store. The site is located on the north side of King Street, .approximately-150-feet east of
E. ;1st Street. This development is estimated to generate less .than 50 additional (92 total)
vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual.
B. The application and site plan stamped as received by the City of Meridian on October 19, 1998,
and submitted to the District on October 20, 1998, have been reviewed by the ACRD Planning
and Development staff and conforms to applicable District standards/policy, or can be made to
conform with the change(s) to the plan described in the requirements stated below.
This is a staff level approval and will not be heard by the ACRD Commission unless the site
plan is changed in such a manner as to not conform with District standards/policy or an appeal
of the Planning and Development staff decision`is submitted as described within the Standard
Requirements outlined below.
The following requirements are provided as conditions for approval:
Site Specific Requirements:
1. Construct .curb, gutter, 5-foot wide concrete sidewalk and match paving on King Street abutting
the parcel. Improvements shall be constructed. to one-half of a 37-foot street section.
,, _ - . ,
2. Utility_street cuts: in he new pavement are not~allowed unless;approved in writing by:the
District. Contact Construction Services at 387-6280~(with file-number.) for details..- ,•:; ~.
. - ; . ,.
3: Pave the alley 16-feet wide abutting the entire site.
ada county highway district
318 East 37th • Boise,ldaho 83714-6418
Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us
. ,.~:
,~
2.
y.~ p
~ al relief is granted~pursuant to
uirements or other leg ,
unless awaiver/variance of said req ~ .
d ti,-property _ _-
the'law m effect at the time the change in use is sought ~ .
' ~ 'ions of this approval. shall be valid unle d an authorized ling
13. No change m the terms and Condit on the applicant to
the a licant orthe'applicant's authorized representative an
::r_ and signed by Pp District: The burden shall be uDistrict.
representative. of the Ada County Highway
' written confirmation of any change from the Ada County Highway
obtain
` a
Conclusion of Law: ~ .
ro osed use/development` will not place an
1.. ACRD requirements-are intended to assure t edestnan pansportation system within the vicinity
undue burden on the existing vehicular and p
impacted by the proposed development.
e contact the ACHD Planning and Development staff
Should you have any questions or comments, pleas ,
t
at 387-6170.
6
Sincerely, n ~ ,
,~;
- ~ .,
;~
1
_. ,~
-~~ C~
L.1
~ :...~
-'r~c~
;....._
.: 1.
~ ~ ~ ~II 4
i~ _~ i
aim „
~~ I y ..
e
1 r
_~ ~--_ ,
- ~ ,.~__i
F-_ -~ ... . _. ..
~r a
~,
t
-,
~[u 9 "
'x I
-- Il I~
~-
.~
i
.~~_ ,..
k ~
MCU2798.SLA
Page 3 ;
F
i te!
I 1
I`C
1 t~
",
s 1
~,1
' ~
•
•~~~~1~•
mow ;-
.
+.
•1~~~~~•
I .1 .
( ~ ~
o az ~„y~
.~. _ -1 __. _~~. _ i
_ _~; ~..._. _ _~~ _~--a Y ..- V
~.°-... i f. I 1
.. -. ` _
,. .~ ;
:~, , ~ . _.
~--
..
--! ~1;,-~ o, ~ ~-;,
_ ~ L_..__. ~ ..__ ~._....... ,
r~~ ~, 1
_ 1 9 S °~ r
•w1
~f 6 oy
_; r Y
r -- - }
,_ _.. .:
~-' -
J ... ~. Q
_ ~ ~ ~ ~
,~~-~~ 4~
- _ ~ ! ~``,
_. ~ .. 1
^~
~.- -`_ ~
.._ j L _. ~ _ . ~-- i ~1
_i ~ ~ M
._J r___._ ~ .~
.. Z
.~~___- _ ._w - ~.
~- --@'
~H O . ~ u
m 1~
09~~~1
- t-' ~ ~ t J' % S °l S
i. ~ ~ `-- 1, ~. y '
_.... ~~.~ __ . r 3 __..._ _ _
.. } r-:.. ------ fl r 1 L _~. _ C ~ ..
-. n
W ~ .
__
---a- -- - o; z, _Cr- ~- -
0
,, _ - ;.
- - - -- -- --` ~ . r. ~ ~ ,
--- - - ---'--'- --- .... ~ ~ . ..-~ ~'1
_... ' _ '- __.~~ r- _ _ ~ ~_- Q 'o J
~' n
/~~ f ,
1 ~ 1 .
i i <
~ ~e~
~~
N L-~
~r%
Q1 ~ i
Z
,u
.. cn
~~ Q ~
'I z ~
r" ~,
~ ~ t+
~ O
I
~ ~
•
f +~ °
~
r
nV '415 '3
- ~ .D
F: O~"
In
0
~e Q Z
Q Y
~ W~ W M
N
M' O N
N
~N..._ a
N ~ N
I
•
n O
~ t0 ~, ~ Q' M N _
~~ ti. ~ ~
f ~Z ~,
~ --, ~ o
~~ ~ ~~ - ~ '~ ~ ~ ~ ~ t
~~ - ~ ,-
i ,,
A~~~ ,
~ u > ~o'
.; „~
..
--~ ~ ~ ~,
- ww~--- --- ~
+ ~
0 4
,~
~~`
( ~` , - ~
o \
. ` ~ I •~
r ~ ~ , .
Z - ~ L
n
,- w;~~c,{t ~ ~
(~ + '''M
~_ ::
.:,~ w. d ;~lcq ~ c t
~: , ~ h
-- ~ ~ o <?
,~~ .- ~ ~ v
r `~ - ~ ,~
,~
• ' S . r. --... r n
F
O
-_
1_
~„ ~ ~ C7Yyl ~~ WA't' ~~,
~ z Paw±~ir~ yPw~y)
~i _ :~
6 ~ . ~ ~ •~ ~Paratlel~ 2
+ 1 ~ ~ + ~
- .,#.; ~ ~
~+ -~ g_ a
1 ~~ ~ ~ °10~4a
l ~ - m ~i ,
~, ~ l
~- ~ ~~ ~` I
L ~.
„ ~, ,:, ,`
D ~sl}G~ r1 -- ' -
__ _ _.. ...___ _ f -
i n
I A~ ;
I
G vL E I~• _
~.. ~ ,Q --~---- - ... . - _ -..._..._ -
-~L--- . . ..... ......r.... - --- ----- -- - -_}
4 ..
DEC 0 1 1998 ~~~ . ~~ -~" ~~
CITY OF MERIDIAN
BEFORE THE MERIDIAN CIT~L~' ZONING %-,
IN THE MATTER OF THE APPLICATION OF)
CLAYTON HARTZ, dba FASHION FLOORS )
& INTERIORS; 126 KING STREET, THE )
APPLICATION FOR A CONDITIONAL USE )
PERMIT FOR A RETAIL CARPET STORE, )
MERIDIAN,. IDAHO )
{ This matter coming before the City Council on the 17`'' day of November, 1998, without a
public hearing, pursuant to § 11-2-418 E of the Municipal Code and the Council having reviewed
the record of the proceedings before the Planning and Zoning Commission and being fully
informed in the premises makes the following Findings of Fact, Conclusions of L`aw and Order
of Decision.
t
1.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF DECISION OF
DENIAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
FINDINGS OF FACT
The City Council takes judicial notice of its Zoning, Subdivisions and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all
current zoning maps thereof and~the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance #629 -January 4, 1994 and Maps.
2. Staff has complied with the requirements of I.C. § b7-6509 and 67-6512 and § 11-
2-416 E and 11-2-418 E.
3. The Applicant is Clayton Hartz whose address is 1700 N. Laurel, Boise, Idaho
83705 and 313 W. Cherry Lane, Meridian, Idaho. The location of the subject property is 126
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 1
4Y
j
King Street, Meridian, Idaho 83642.
4. The record owner of the subject property is Nancy J. Spencer.
5. The legal description of the property is as follows:
Lots 16, 17 and 18 in Block 6 of BOWER'S ADDITION TO MERIDIAN,
according to the official plat thereof, filed in Book 2 of Plats at Page 62, Official
records of Ada County, Idaho.
6. The present land use of subject property is residential. ,
7. The proposed land use of subject property is-for a floor covering store with
parking area in front and behind the existing garage. The existing residence would be converted
to show rooms and storage according to the proposed site plan.
8. The present zoning district of subject property is (OT) Old Town.
9. The property is occupied by a home which is nicely landscaped and is surrounded `
by residential use.
10. The residents of the immediate neighborhood wish to keep the use of the premises
residential and not place a retail store in the middle of the residential neighborhood. ~
11. All the property south of King Street between East 15` and 2"a is residential except
for a hub cap store which is on East ls` Street.
12. That retail stores are allowed in the (OT) Old Town District as a conditional use. ~~
.~ 13. The proposed use will not be harmonious with and in accordance with the w
Comprehensive Plan. The subject request for conditional use and proposed development relates
and is in conflict of the goals and policies and provisions of the Comprehensive Plan of the City `
of Meridian as follows:
i3.1 To ensure that growth'and development occur in an orderly fashion in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 2
accordance with adopted policies and procedures governing the use of land,
residential development the provision of services and the distribution 'of new
housing units within the Urban Service Planning Area. [Goals of the
Comprehensive Plan, Goa12 at Page 5]
13.3 Within the community there are unique neighborhoods which comprise the
Meridian urbanized area. Only a few of these areas have traditional neighborhood
characteristics. Others are essentially developing districts and contain some
elements of traditional neighborhoods, but at present they lack nearby parks,
schools, churches, and commercial support services. In time, the developing
districts will become neighborhoods as the community continues to expand and
develop neighborhood facilities and services. [Population Growth, Existing
Conditions at Page 6]
13.4 Commercial and retail areas are established along major arterials, (East
First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and
include small- commercial centers and individual businesses. Uses include retail,
wholesale, service, office, and limited manufacturing. [Land, Use, Commercial
and Retail at Page 21]
13.5 Protect and maintain residential neighborhood property values, improve
each neighborhood's physical condition and enhance its quality of life for }
residents. [Residential Policies §2.3U at Page 23]
13.6 The central core of Meridian is the Old Town area, which includes a
healthy mix of retail, office, industrial and residential uses. The Comprehensive
Plan encourages continued mix of business and residential uses within the Old
Town.
In all cases, the locations of Commercial Activity Centers should be guided by
performance and development standards. These standards consider, among other
aspects:
Traffic Volume and Type
~, Trip Generation
Impacts on Arterial Street System
Proximity, to Other Commercial Development
Impacts on Neighborhood Residential Areas
Accessibility of Site
Parking Demands
Pedestrian Circulation
Available Utility Systems
Aesthetics (Design Considerations)
Use.Impacts Upon Other Adjacent Uses
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 3
Internal Circulation Design
Drainage [Commercial Activity Centers, Old Town at Page 25-26]
13.7 Discourage isolated neighborhood commercial development in residential
areas unless the uses are compatible with the Planned Neighborhood Commercial
designation. [Commercial Policies § 4.SU at Page 26]
13.8 Limit the conversion of predominately residential neighborhoods to
nonresidential uses, and require effective buffers acid mitigation measures through
Conditional Use Permits when appropriate nonresidential uses are proposed.
[Neighborhood Identity Goal Statement, Policies § 6.4U at Page 74]
13.9 Adopt and implement neighborhood policy plans to preserve and/or
improve existing neighborhoods. [Neighborhood Identity Goal Statement,
Policies § 6.6U at Page 74]
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act and of the Ordinances
of the City of Meridian have been"met, including the mailing of notice to owners of property
within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses pursuant to Idaho
Code § 65-6512 and pursuant to § 11-2-418 of the Municipal Code of the City of Meridian.
A
3. The City has the authority to take judicial notice of its own ordinances, other
governmental statutes' and ordinances, and of actual conditions existing within the City and State.
4. The property is currently zoned (OT) Old Town. The (OT) Old Town is
t
x described in the Zoning Ordinance, 11-2-408 B 12 as follows:
"(OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage
further expansion of the historical core of the community; to delineate a centralized activity
center and to encourage its renewal, revitalization and growth as the public, quasi-public,
cultural; financial and recreational center of the City. A variety of these uses integrated with
general business, medium-high to high density residential, and other related uses is encouraged
in an effort to provide the appropriate mix of activities necessary to establish a truly urban City
Center. The district shall be served by the Municipal Water and Sewer systems of the City.of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 4
{
Meridian. Development in this district must give attention to the handling of high volumes of
traffic, adequate parking, and pedestrian movement, and to provide strip commercial
development, and must be approved as a conditional use, unless otherwise permitted."
5. The Zoning Schedule of Use Control as contained in the Zoning and Development
Ordinance of the City of Meridian, § 11-2-409, provides and regulates the type of use allowed as
either a permitted use or a conditional use.. In the (OT) Old Town zone retail stores require a
conditional use permit. <
6. Conditional Use Permit is defined in the Zoning and Development Ordinance,
City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this
,.
Ordinance in a zoning district."
7. The City of Meridian has authority to place conditions on a conditional use permit
and the use of the property pursuant to § 11-2-418 H Municipal Code of the City of Meridian and
~~ Idaho Code § 67-6512 and pursuant to that section conditions minimizing the adverse impact on
other development, controlling the duration of development, assuring the development is
~ maintained properly, and on-site or off-site facilities maybe attached to the permit; that 11-2-418
(D)~authorizes the City to prescribe a set time period for which is a conditional use maybe in
~:
existence.
"8. Section 11-2-418 D. states as follows:
"In approving any Conditional Use, ~ the Commission and Council may prescribe
appropriate conditions, bonds, and safeguards in conformity with this Ordinance.
Violations of such conditions, bonds or safeguards, when made a part of the terms
under which the Conditional Use is granted, shall be deemed a violation of the
Ordinance and grounds to revoke the Conditional Use. The Commission and Council
may prescribe a set time period for which a Conditional Use may be in existence."
9. This application for a conditional use has been judged upon the basis of guidelines
r
contained in Section 11-2-418 of the Zoning and Development Ordinance of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 5
v ~.
and upon the basis of the Local- Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the
Comprehensive Plan of the City of Meridian, and.the record submitted to it and the things of
which it may take judicial notice.
10. Section 11-2-418 C of the Zoning and Development Ordinance of the City of
Meridian sets forth the standards under which the Planning and Zoning Commission and the City
Council shall review applications for Conditional Use Permits. Upon a review of those
requirements and a review of the facts presented and the conditions of the area, assuming that the
above conditions or similar ones thereto would be attached to the conditional use, the City
Council cohcludes as follows:
a~ The use, would in fact, constitute a conditional use and a conditional use
permit would be required by ordinance;
b. The use would not be harmonious with and in accordance with the
Comprehensive Plan and this Ordinance;
c. The.use is not designed, constructed, operated and maintained to be
,,~ harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
d. The use will be hazardous or disturbing to existing or future neighboring
uses;
e. Sewer and water service is available, but the applicant may have to pay
additional fees for the use;
f. The use will'not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare of the community;
g. „ ~ The use will involve activity, process, material, equipment or conditions of
operation that would be detrimental to person, property or the general
~ welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare,or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF~DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 6
h. The use will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets; and
i. The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance.
11. That. the Comprehensive Plan of the City of Meridian, adopted December 21,
1993, as Ordinance #629 -January 4, 1994, provides as follows:
11.1 To ensure that growth and development occur in an orderly fashion in
accordance with adopted policies and procedures governing the use of land,
residential development the provision of services and the distribution of new
housing units within the Urban Service Planning Area. [Goals of the
Comprehensive Plan,.Goal 2 at Page 5]
11.2 Within the community there are unique neighborhoods which comprise the
Meridian urbanized area. Only a few of these areas have traditional neighborhood
characteristics. Others are essentially developing districts and contain some
elements of traditional neighborhoods, but at present they lack nearby parks,
schools, churches, and commercial support services. In time, the developing
districts will become neighborhoods as the community continues to expand and
develop neighborhood facilities and services. [Population Growth, Existing
Conditions at Page 6] ~
• , 11.3 Commercial and retail areas are established along major arterials, (East
First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and
include small commercial centers and individual businesses. Uses include retail,
wholesale, service, office, and limited manufacturing. [Land Use, Commercial
and Retail at Page 21] '
11.4 Protect and maintain residential neighborhood property values, improve
each neighborhood's physical condition and enhance its quality of life for
residents. [Residential Polices § 2.3L7 at Page 23]
11.5 The central core of Meridian is the Old Town area, which includes a
healthy mix of retail, office, industrial and residential uses. The Comprehensive
Plan encourages continued mix of business and residential uses within the Old
Town.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 7
~:
In all cases, the locations of Commercial Activity Centers should be guided by
performance and~development standards. These standards consider, among other
aspects .;
Traffic Volume and Type
Trip Generation
Impacts on Arterial Street System
Proximity to Other Commercial Development
Impacts on Neighborhood Residential Areas
Accessibility of Site
Parking Demands
Pedestrian Circulation
Available Utility Systems
Aesthetics (Design Considerations)
Use Impacts Upon Other Adjacent Uses
Internal Circulation Design
Drainage [Commercial Activity Center, Old Town at Page 25-26]
11.6 Discourage isolated neighborhood commercial development in residential
areas unless the uses are compatible with the Planned Neighborhood Commercial
designation. [Commercial Policies § 4.SU at Page 26]
11.7 Limit the conversion of predominately residential neighborhoods to
nonresidential uses, and require effective buffers and mitigation measures through
Conditional Use Permits when appropriate nonresidential uses are proposed.
[Neighborhood Identity Goal Statement, Policies § 6.4U at Page 74]
11.8 Adopt and implement neighborhood policy plans to preserve and/or
s improve existing neighborhoods. [Neighborhood Identity Goal Statement,
Policies § 6.6U]
ORDER OF DECISION OF DENIAL
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY
ORDERED AND THIS DOES ORDER that: 1) The applicant, Clayton-Hartz, is hereby denied a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF DECISION OF DENIAL -CLAYTON HARTZ CUP IN OT - 8
conditional use permit.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code Section 67-6521 an affected person being a person who has an interest in
real property which may be adversely affected by the issuance or denial of a permit authorizing
development may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
APPROVAL OF ORDER OF DECISION OF DENIAL
The City Council of the City of Meridian hereby adopts and approves this ORDER OF
DECISION OF DENIAL.
DECISION OF DENIAL
ROLL CALL
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN GLENN BENTLEY VOTED
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED
MOTION: APPROVED: DISAPPROVED:
113098-Final o
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER` OF DECISION'OF DENIAL'- CLAYTON HARTZ CUP 1N OT - 9
~?',
MERIDIAN CITY COUNCIL MEETING: DECEMBER 1, 1998
APPLICANT: CLAY HARTZ ITEM NUMBER: 2
REQUEST: CONDITIONAL USE PERMIT FORA RETAIL CARPET STORE
AGENCY ' ° `' + COMMENTS
CITY CLERK: .r SEE ATTACHED MINUTES 11/17/98
P & Z INFORMATION
CITY ENGINEER:
CITY PLANNING'DIRECTOR:
CITY ATTORNEY: ~ NO INFORMATION SUBMITTED
CITY POLICE DEPT:
CITY~FIRE DEPT: ,
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT: '
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: -
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: .~
..
,N~4MPA MERIDIAN IRRIGATION: f.
:SETTLERS IRRIGATION: 1
s .. -Y
IDAHO POWER: ~• ~~°
,.
US WEST:
INTERMOUNTAIN GAS:
'
BUREAU OF RECLAMATION:
..
OTHER:
All Materials presented at public meetings shall become property of the'City of Meridian.
a•
Meridian City Council
November 17, 1998
Page 32
Gigray: No, I'm saying what doesn't exist that there are not Findings of Fact and
Conclusions of Law and Order of Decision. I think what you have there isn't that
the minutes of the proceedings? And so there's was recommendation from the
'.Planning and Zoning Commission as referenced in the minutes of the
commission recommending a denial of this application. We are required by state
law the governing body, which you are, to issue Findings of Fact and
Conclusions of Law and Order of Decision. So you can proceed to do that.
From your review of what record there is in this particular matter and I
recommend a's a procedure in this instance where we're not holding a pubic
hearing that you at least identify for purposes of this record what that is. To my
knowledge it consists of the' request and the minutes of the proceeding for the
Planning and Zoning Commission and the Clerk may have a complete set of
what-the record is that was before the Planning and Zoning Commission. The
reason I ask for the clarification is that if you direct me to prepare Findings, it is
from that record of course which 1 will work to complete that process.
Corrie: Shari, on #his item 13 of Planning and Zoning, it says a public hearing
request for conditional use permit'for a retail store and then the back page it said
the Counselor just said it's not an open meeting and it's not a public hearing. If
you go and listen to it, it is not a public hearing where you can speak. I'm a little
confused. Can you help me here?
Stiles: Mr. Mayor and Council what Chairman MacCoy was referring to is that
the meeting today would not be a public hearing where they could offer additional
testimony.
Corrie: Okay, thank you.
Rountree: I assume there is not discussion on this item so I will take a stab at
this. I would move that we direct legal staff to prepare Findings of Fact and
Conclusions of Law and Order of Decision for this item that reflects the
recommendation from Planning and Zoning and incorporates the public
testimony that was received at the Planning and Zoning Commission public
hearing.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to direct the
attorney to draw up the Findings of Fact and Conclusions of Law to reflect the
meeting of the Planning_and Zoning and reflect the decision of the Planning and
Zoning. Any further discussion on the motion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: All ayes.
Meridian City Council
November 17, 1998
Page'33
ITEM NO. 9: REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL
AUTO REPAIR & SERVICE BY JOHN BISS - WEST OF MERIDIAN ROAD:
Corrie: I believe Council the reading this conditional use permit -Shari would
you like to fill us in on this conditional use permit please.
Stiles: Mr. Mayor and Council this property was annexed with the Troutner
Business Park because of the 50 foot easement that existed to Meridian Road
that would go to the Troutner Business Park. The property was formerly owned
by Norm Fuller, and he has sold off a parcel of ground to Mr. John Biss. One ~of
the requirements of the annexation was that they enter into a development
agreement and that they provide a minimum 35 foot landscape setback on
Meridian Road. Mr. Biss is not particularly against providing that, but he is a little
concerned that he'll be one of the few properties on that road that will be
providing a 35 foot- landscape setback, because everything else is already
annexed. Across the street would be where Rick Thomas has his First Meridian
Plaza. That's where Rockets Restaurant and Godfather's Pizza and Blimpie's are
currently. I believe he is proposing as part of that plat, a 15 foot setback, so that
was the only thing that Mr. Biss took issue with. We did have some letters from
some of the developers in the City that have a problem with this particular use on
the property. We did -the Planning and Zoning Commission did request that Mr.
Biss come back with a more detailed 'site plan. He was showing a significant
portion of the property as being undeveloped, and when asked at the Planning
and Zoning Commission what he planned to do with that, he said well I'll just
gravel it and park cars there. So we did ask that he come back with a detailed
plan that if he was planning on having cars parked back there, that it would be
paved and landscaped in accordance with the ordinance. There's also the issue
of the easement that goes from Meridian Road back to the Troutner Business
Park. Ada County Highway District had initially required that approximately
$7500 be deposited into an account to get rid of the driveway a temporary
driveway on Meridian Road and that when Pennwood was extended through the
Troutner Business Park that he would take access off that Pennwood future road
extension. I believe they took out the requirement for the $7500. But it is still a
temporary driveway on Meridian Road and at the time that Pennwood was
developed they would need to change their access. Other than that I believe you
have you should elevations of the building. He has agreed to reduce some of his
signage as requested by Planning and Zoning. Gary may have an issue about
the utilities. The utilities are apparently in Meridian Road and have been stubbed
into the easement area, but I don't know what the plan is for extension of those.
If they would go down the future Pennwood Street or,down Meridian Road. And
so that really hasn't been figured out who would pay for those. Even the
construction of that portion of Pennwood Street, I know that Mike Balentyne of
Troutner Business Park is not interested in paying the full cost for extending that
MERIDIAN PLANNING AND ZONING MEETING: November 10, 1998
'APPLICANT: CLAY HARTZ dba FASHION FLOORS & INTERIORS REM NUMBER: 13
REQUEST: CONDITIONAL USE PERMIT FOR A RETAIL CARPET STORE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
C ITY ATTORN EY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: _ _ _
COMMENTS
SEE ATTACHED COMMENT
SEE ATTACHED COMMENT
SEE ATTACHED COMMENT
SEE ATTACHED COMMENT
SEE ATTACHED COMMENT
SEE ATTACHED COMMENT
SEE ATTACHED COMMENT n l
V~
-~ G~
. p,
L G
r~ ~~
All Materials presented at public meetings shall become propenrty of the Clity of Meridian.
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live
Co~n~~l Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH BIRD
MEMORANDUM:
To: Planning & Zoning Commission/Mayor & Council
LEGAL DEPARTMENT
(208) 88.1-4364
PUBLIC WORKS
BUILDING DEPARTMENT
t2os~ asp=22I I
PLANNING AND ZONING
DEPARTMENT
(20$)884-5533
November 6, 1998
`-~c~I~~
From: Bruce Freckleton, Assistant to City Engineer ~~ N 0!1 0 6 1998
Shari Stiles, P&Z Administrator ~~ r~ . _' !~~ `IERIDIAN
Re: REQUEST FOR CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
at 126 E. King Street by Clay Hartz
We have .reviewed this submittal and offer the following comments as conditions of the
application. These conditions shall be considered in full, unless expressly modified or
deleted by motion of the Meridian City Council:
1. All construction shall meet all Codes applicable to commercial property which have been
adopted by the City. Construction needs to meet ADA requirements for thandicap
accessibility.
2. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance. All parking areas are to be paved. Paving
and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4
and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in
accordance with Americans with Disabilities Act (ADA) requirements.
3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All site drainage shall be contained and disposed of on-site.
4. A minimum of one (1) three-inch (3"} caliper tree per 1,500 square feet of asphalt as
required per City Ordinance Section 11-2-414.D. Existing trees shown on site plan
exceed this requirement.
5. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-2-414.D.3.
6. Sanitary sewer and water to this facility would be via existing service lines. Plans for
sewer and water service will be reviewed to see if the additional load would justify
additional assessments. Please provide any information that you may have with regard to
Hara.CUP.doc
P&Z Commission/Mayor & Council
November 6, 1998
Page 2
your anticipated water demand. Applicant will be required to enter into an Assessment
Agreement with the City of Meridian prior to operation.
7. ~ Zoning Certificate and Certificate of Occupancy are required prior to operation.
8. The retail use shall not adversely impact surrounding properties due to traffic and other
activities.
9. ~ Applicant shall provide for adequate screening of adjacent residential properties to provide
needed buffers.
10. Five-foot-wide sidewalks shall be installed along the King Street frontage and within the
property in accordance with City Ordinance 11-9-606.B. The four-foot-wide gravel walk
is not an approved pedestrian walkway.
11. Provide screened trash enclosure per City Ordinance Section 11-2-414.A.3. Coordinate
dumpster~ site locations with the City's solid waste contractor, Sanitary Services, Inc.
Locate dumpsters so as not to impede fire access.
12. No signage has been proposed, and none is approved with this application. All signage
shall be in accordance with the standards set forth in Section. 11-2-415 of the City of
Meridian Zoning and Development Ordinance. All signage shall be subject to design
review. No temporary, A-frame or flashing signage will be permitted. Non-conforming
signage will be removed by the City upon 3 days' notice to the applicant.
13. All outdoor storage of equipment and materials shall be screened from view.
Elaztz.CUP.doc
HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live (SOS) Sx-1-1?G-1
Council Memhtre CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTiv1ENT
GLENN BENTLEY MERIDIAN, IDAHO 83&i2--,;,--, _j~(j~1 ~~~~~ ~~7 ~~I I
RON ANDERSON Phone (208) 888-~33 •Fax (208) 887?4813 ~~- Z:I~LANMNG AND ZONING
DEPARTMENT
KEITH B[RD d C T ~ 8 1998 ('~~) SS-1-5531
Ci`' Y U~,1'IE~.IJI~i'~1
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendations
to Meridian City Ha11, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: October 19, 1998 HEARING DATE: November 10, 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
IRON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
GLENN BENTLEY, C!C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
+FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT .
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF REC T (PRELIM & FINAL
YOUR CONCISE REMARKS:
HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
ROBERT D. CORR(E A Good Place to Live (268) 881-•126.1
o n•il Membere CITE OF MERIDIAN PUBLIC w'ORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY iVIERIDIAN IDAHO 83642 ~r'J~ 7i-~yrr~~~ (2os> ss~-221 I
RON ANDERSON Phone (208) 888-~33 • Fax (208) 887-4r ~E '~1~I NNiNG-AND ZONING
OCT 2 ~ 1998 DEPARTtiIENT
KEITH BIRD
~tj ('_08)881-5533
,~~, ~1~~
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS'
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Wi11 Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: October 19, 1998 HEARING DATE: November 10, 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT
BYRON SMITH, P/Z ADA PLANNING ASSOCIATION
KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH
ROBERT CORRIE, MAYOR
I NAMPA MERIDIAN IRRIGATION DISTRICT
RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT
CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT)
GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL
SEWER DEPARTMENT
BUILDING DEPARTMENT f~ ~ ~ ~,~ ~~
FIRE DEPARTMENT YOUR CONCISE REMARKS: l
POLICE DEPARTMENT
CITY ATTORN EY
! L(r ~ Q t ~ S C~i ~ ~-_- dl~ C? T3~
CITY ENGINEER
CITY PLANNER /~'~
CITY FILES
~~~~a
.,
Mayor ~ NUB OF TREASURE VALLEY
ROBERT D. CORRIE ~ A Good Place ~to Live ~ ~ LEGAL DEPARTMENT
EP
o ~n it M m n'
CITY OF MERIDIAN PUBLIC WO KS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 T~~-+j~,, ~~1 (208) 887'='-I 1
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-13~" C~ ~•1~LANMNG AND ZONING
KEITH BIRD '` DEPARTMENT
OCR 2 S 1998 (208) 88A-5533
TRANSMITTAL:. TO AGENCIES FOR COMMENT~nON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
=To insure that your comments., and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please. submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: a November 3, 1998
TRANSMITTAL DATE: October 19, 1998 HEARING DATE: November 10. 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P2
MALCOLM MACCOY, P2
MARK NELSON, P/Z
BYRON SMITH, P2
KEITH BORUP, P2
ROBERT CORRiE, MAYOR
_+RON ANDERSON, CIC
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, CIC
WATER DEPARTMENT
SEWER DEPARTMENT
_BUILDfNG DEPARTMENT
-FIRE DEPARTMENT
-POLICE DEPARTMENT
CITY ATl'ORNEY
CITY ENGINEER
-CITY PLANNER
-CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL
YOUR CONCI E REMAR S: ~rlL y L~.~!?CGrrL S ~¢/~
... "'na „r~.
-• w :i~ .
~.~
~;~ ;;ins
...,~~:rin!.e~dent
CENTRAL
•• DISTRfCT
oR"HEALTH
DEPARTMENT
_- ~~
CEN I RAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
R~i'CEI~~teturn to:
1~ `"' ^ Boise
~~~ ~ ~ ~~~L ^ Eagle
Rezone # rTTV (1F MFRTT)TA~j ^ Garden City
Conditional Use # _ /~~ des ~ I Cq ~O ~ ~- S-r-o j^ _ ®Meridian
^ Kuna
Preliminary /Final /Short Plat ^ ACZ
^ I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
0 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
® central sewage ^ community sewage system ^ community water well
^ interim sewage ®central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child tare center
^ beverage establishment ^ grocery store p
^ 14. Date: ~/ ~.3 / ~0
/''
Reviewed By:
Review Sheet
CDHD 10!91 «b, rer. 7/97
gEcErvED
0 C T 2 $ 1998
CITY OF MERIDIAN
r~ui & ~12e~~dtaoc 7~vugatiact 2~io~cict
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID .83642
~RE: Conditional Use Permit for Retail Carpet Store -Clayton Hartz
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
The Nampa & Meridian Imgation District has no comment on the above referenced application.
Sincerely,
Bil Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
cc: File -Shop
File -Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
22 October 1998
~$~i vN 1 /Q~/lS ~ /h7 ~~?~S
~~,~CE~D
Information to Mayor and Council on Agenda Item #8 N 0 Y 1 7 1998
City Council Meeting 11-17-98 +~~ ~~:' ~`F MERIDIAN
From: Bill Gigray, III, City Attorney
This item has been placed on the Council's agenda pursuant to the Planning
and Zoning Commission's action following a public hearing held on the
November 10`h. According to the minutes the Commission denied the
request as their action under § 11-2-418 A and H of the Municipal Code.
Pursuant to Municipal Code § 11-2-418 E there is no public hearing held
before the City Council if the subject property is in Old Town, Industrial and
Commercial Districts. The ordinance reads as follows: " ...land in Old
Town, and in Industrial and Commercial Districts shall only be required to
have one public hearing which shall be held before the Planning and Zoning
Corrimission and after the recommendation of the Commission is made the
application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission."
Recommended process:
Decide whether to determine the matter on the record before you and
announce the decision and direct that the Legal staff prepare findings of fact
and conclusions of law and order of decision; or
Direct that a public hearing be held and provide notice in accordance
with the ordinance requirements.
Possible legislation to consider:
Consider amending § 11-2-418 to provide that Conditional Use
Permits and' variances are decided at the Planning and Zoning Commission
level and only appeals are heard by the City Council.
DG°~aG~`~ H
~-~-~-
ITEM NO. 13: PUBLIC HEARING:. REQUEST FOR CONDITIONAL U:
PERMIT FOR A RETAIL CARPET STORE BY CLAY HARTZ d/bla~FAS-;~~~-c'GE ,~x•~~~-~,
FLOORS AND NTER~IOrRS -126 KING STREET: I~,
MacCo' ~ Staff an comments Item 13
H~~ ~ 7 ~~~
v' y ~ ~ cis
D~'
Stiles: Commissioner Chairman, commissioners we have reviewed theP~~~S~dli~~~~~r
application and submitted our comments. Everything is pretty standard as far as
the comments. Ordinance requirements, I guess I would like to hear from the
applicants if they have any objections to any of those comments or to Ada
County Highway District that I don't believe we have in our packet.
MacCoy: Is that it?
Stiles: WE have been by the property, I don't think it's an inappropriate use for
what is surrounding the area, but it is in old town so it requires a conditional use
permit. Ada County"Highway District does have quite an expanse of right-of--way
in front of this property and it's an unimproved right-of-way... There is also as you
can see from the site plan, there is a ditch running along the property within the
right-of--way. We would still ask that a sidewalk be located along the frontage of
this property, and that coordination with Ada County Highway District take place
to allow that to happen. If the changes that are requested are made, I would
recommend approval of the project.
MacCoy: Bruce do you have anything? Bruce hasn't anything. Okay, is the
applicant here? Would you please come forward and be sworn in:
CLAY HARTZ, 1700 N. LORRELL, BOISE, ID. WAS SWORN IN BY THE
ATTORNEY.
Hartz: Basically I'm just trying to open a carpet store. I've been here in Meridian
for four years. We are at 313 W. Cherry Lane right now. It's a very small facility
that is rented. We are trying to buy this and get a larger show room. We are a
destination business. We do not have posted hours. We are.open by
appointment, we are mainly contractor oriented. Do not plan on storing.anything
on site. We will show and display our goods there and have clients meet us
there. We have a basic client count of approximately f+ve to seven people per
day that come into our show room.
MacCoy: Commissioners any questions? Mr. Hartz?
Borup: -Did you have any comments on the-staff comments?
Hartz: We met with the highway department and we are in agreement with
everything that they are recommending. They are recommending that we put a
sidewalk in front and pave our driveway area and the area adjacent to the back,
because we are planning on putting in some parking in there too, to comply with
the handicap access building.. I think there is a plan or drawing of what in there
of what we are doing.
Borup: You are going to take care of the gravel walk also?
Hartz: Yeah, we are going to put a concrete in and probably put an entrance on
the back that is handicap accessible(Inaudible) patio there.
Borup: That's all I have.
MacCoy: Any other commissioner have any questions? Commissioner Nelson
do you have any? Okay. I just got one thing that happened to hit me when I
looked through this, you say you are not going to store anything on your property,
yet you have storage written all over this thing.
Hartz: Well, storage for our--inside the-for our displays and our smaller items.
MacCoy: That type of storage, it's not~rolled carpet.
Hartz: No that's right, we have offsite storage.
MacCoy: Okay, you can take a seat. Opening the floor now to a public hearing
for anybody who is in favor of this in your community. All right, going to the other
side of the aisle or fence, whatever you want to call it, anybody who would like to
speak negatively on this side of the fence. Okay, come forward.
TIM ZIMMER, WAS SWORN IN BY THE ATTORNEY.
Zimmer: Okay, it's a residential area that we live in. We want to see it stay as
residential area, it is old town. We have a lot of businesses just a block away on
east 1St, we get a !ot of heavy trafFc through this area and there is a lot of kids in
the neighborhood and we just don't want to see anymore traffic. Just like to see
it not get developed anymore than it already is. We are sitting in a little area
between two main roads, East 1St and Franklin a lot of big trucks and traffic use.
King. and East 2"d where we live as detours around the main parts of town. We
are just afraid that anymore-allowing any kind of business in there any farther
into the residential area is just going to create more traffic, more problems.
MacCoy: Any questions?
Borup: How far down is your residence from this?
Zimmer: Half a block, a couple of houses and°over a ways.
Borup: Your address was?
Zimmer: (Inaudible) E. 2nd
Borup: So it's on the next street.
Zimmer: On the corner of 2"d and King.
Borup: Okay so it's the next block over.
Zimmer: Half a block.
MacCoy: Was there anyone else?
LINDA ROBERTS, 133 E. KING, MERIDIAN, ID. WAS SWORN IN BY THE
ATTORNEY.
Roberts: One. of the comments other than what Tim had to say is we live just
~~ kitty corner across the street. We are right on the corner of 2"~ and King. The
traffic really is terrible. I've been thinking that we-need to find a way to get. the
trucks to not use that as a detour because it is old town, it is residential right
there. I don't know how many near accidents and accidents have been right at
that intersection. We have a five year old and I'm very concerned. There are
kids in the neighbor, !'m very concerned about this with having more traffic and
just keeping it residential and keeping it old Meridian. !f we are going to go
residential-l mean commercial, maybe we ought to zone it all commercial, but
otherwise, ! think we need to keep it residential.
MacCoy: Any questions?
Borup: You mentioned that truck traffic-what type of truck traffic is just
delivery trucks that type of thing?
Roberts: You name it. There are dump trucks going, not just when they are
doing, the road over here. They take detours through there to go up to maybe
Hal's Meats or not even that...
Borup: So you are talking large trucks, one ton and greater.
Roberts: You name it, instead of diverting from 3~, or going up to another, they
USe 2nd
Borup: Do you believe this application will increase the truck traffic.
Roberts: Well, it would be some, yeah. Not only that, like !said, my child-we
live just across the street, kitty corner just across the street there and the traffic
right now is so bad and the near misses and accidents. The kids can hardly ride
there bikes or ariything out there.
y6.
Borup: Well, I was trying to get a feel for what this project was going to do for
that truck traffic.
Roberts: I'm just worried that any additional traffic would just be additional to
what we already feel as...
Borup: So your concern would be more about the traffic, not the truck traffic from
this project.
Roberts: Right. Well, traffic in. particular; I'm concerned about all the traffic.
w ~~
i . 4
Borup: Thank you.
MacCoy: Anyone else, go ahead.
,. a
ENO TIDDENS, 213 E. 2ND STREET, MERIDIAN, ID. WAS SWORN IN BY THE
ATTORNEY.
Tiddens: Weil this is definitely an inappropriate use of this property. Right now it
has about a seven year old.home on it. It's a beautiful home with a double
garage, both the back yard`and front yard are beautiful landscaped. It's in a
strictly residential area, there is no.other piece of property on East King Street
that is commercial. ft's all residential. The only commercial property close to us
is all on East 1St Street, which is appropriate. We want to keep commercial out of
there mainly because I feel that it will devaluate my property. Anytime you have
a nice residential and you go, putting a retail store in the neighborhood, this would
devaluate it, which is proven. by a fact that if you go to sell that house in a few
years, that's thoroughly one black mark against that house. So you won't get as
much out of the property as you should because of it going commercial. That's
my main objection to it. It's not as much the traffic as it is just-it'll just make it a
'more undesirable place for the people who'~live there, more noise, more air
pollution and more traffic.: Thank you.
MacCoy: Any questions of him before he takes-none okay. Anybody else? Go
ahead lady. eOh, got two ladies went up..
EMMA SCHMIERER, 127 E. KING, MERIDIAN, ID. WAS SWORN IN BY THE
ATTORNEY.
~,
Schmierer: Well, (live-right.across the street from what came to be a~store and I
want to keep it residential. That's what we need there and want nothing
commercial in there.
MacCoy: is there anything else you have to offer?
Schmierer: No, I just...
MacCoy: Thank you very much, we understand what you are saying though.
You're next lady.
TAMMY ZIMMER, 234 E. 2ND, MERIDIAN, ID: WAS SWORN IN BY THE
ATTORNEY.
Zimmer: My question is basically about sidewalks. Everybody seems to be
concerned about sidewalks. You put sidewalks in front of this, he gets this
residential and you put a sidewalk in front of him, on both sides of him there is `no
sidewalks. There is no sidewalk going to East 1St, there is no sidewalk going to
East 2"d, all the sidewalks we have now are great big bundles of boulders that we
can't get nobody to fix anyway. So what is the sense of putting in a sidewalk one
house long?
MacCoy: Okay, let me turn this over to Shari. She- has the answer to this.
Stiles: Pedestrian walkways are a requirement of development when any other
development comes into that area, they will be required to improve there section.
Mr. Borup was involved in a project where he was required to put in a sidewalk in
front of his building. After his building was approved, the parcel next to-him put
in a sidewalk and now Tate Rents is putting in a sidewalk all along that corridor,
so it's true that there would just be one section of sidewalk, but if you don't at
least get a section at a time, there will probably never be a sidewalk.
Zimmer: I believe in sidewalks. I have a sidewalk (Inaudible) can't get no
attention to at all because we are in the old part and the tree roots have pushed it
up. Just as a grandmother of five living on that corner, you have no sidewalks,
you have all these crazy drivers and I'm talking about crazy, you have Meridian
Lock and Key, we have the hub cap people, we have the Coca Cola Company-
all those people zoom down those roads. Anybody is welcome to come sit in my
house during the day, because I'm on the corner of King and 2"d and watch them
fly by. So that's why I protest. Thank you.
MacCoy: Thank you, is there anyone else? Okay, back to the commissioners,
what do you have for discussion?
Nelson: I personally would be inclined to agree with the resident on all this. I
..want to set a precedent in old town and converting some homes over there to
commercial use. I'd like the applicant to have an opportunity to respond to the
residents.
MacCoy: Would you like to come up please.
Nelson: If he wants to respond to the residents.
Hartz: Of course we are not planning on turning this into a-we don't depend on
traffic for our business. I doubt if we bring anymore traffic to the area than a
doctors office. The fact is some doctors offices would bring much more than we
do, since we do have a low traffic count. I just don't feel that the traffic is a huge
item. We are lower than-according to ACHD we are lower than 50 per day with
our stated what we do for the (inaudible) for business, so it's not going to add an
awful lot to the neighborhood. It would do a lot for us, simply because it is pretty
property. We do want our customers to feel more at home and it's larger than
what we have. We do want to become a more permanent part of the community.
We are leasing at this time and we started here, we want to continue here, but
we are growing and we do plan on making our home if it's possible herein
Meridian. If we can do that, if you have any questions (Inaudible). Okay, I would
certainly be able to answer-or be willing to answer any questions you may
have. It seems to me that the type of business that we have would not be
inappropriate, the property right next to that we are going into adjacent to us is
owned by the lady that owns the herb tree. She owns kind of a dilapidated
warehouse and then there is a condemned house right next to the property. So
we are basically adjacent to commercial property. There are two lots between
us, but the same lady owns them all and she plans on selling them as
commercial. The house across from us is vacant and as I understand it has a lot
of weeds and is run down, that is right behind the hub cap place. So we are not
that far off of the beaten trap as far as business is concerned. It just seems to
me that it would be an appropriate use.
MacCoy: Mr. Nelson anything else for you?
Nelson: No.
(Inaudible)
MacCoy: Any other commissioners want to discuss before we--okay, do you
want to come backup.
Rossman: If I may make a point real quickly before, anybody who wants to come
up and offer rebuttal testimony, make sure it's new testimony that you haven't
already-just don't come up and restate what you said before, make sure it's
something new that you want to offer in response to what the applicant indicated.
Tiddens: He says his business right now might be five to six people a day, but
he's expanding and hopes for increasing his business. How do we know from a
year from now it's 50 or 100 people coming in and out of there? As they
expand? Also, (Inaudible) else I was going to say. It's just an inappropriate use
of property. Most people don't want this here because it's business and like he
says he is next door to property that is on East 1St street that is old commercial.
Well, the next people next year can say okay his property is commercial, I'm next
door to this or I'm across the street from this, so why don't you make us
commercial. It can spread through there and I've got my life savings in this
house, I retired about seven years ago. I bought this house and I've got my life
savings wrapped up in it and I just hate to see it go to pots, when there is plenty
of places to locate.
Rossman: Sir, could you indicate in the microphone what your name was,. just so
the record is clear.
Tiddens: My name is Eno Tiddens.
MacCoy: We have another hand go up over here.
Borup: Mr. Chairman, maybe just a point of clarification. As far as the zoning, all
of this is old town. The business on East 1St are already zoning old town, it's not
a separate commercial zoning is my understanding. 'So a zoning-they are not
asking for a zoning change. The zoning is already there. I think that was maybe
misunderstood.
MacCoy: He's asking for a conditional use. I saw~another hand go up`here.
Does anybody want to say anything? A rebuttal? Okay as the attorney has
mentioned, use your name and lets move on.
Roberts: ('m not sure if some of this hasn't been mentioned. I'm a little unclear.
My other concern I think somebody had mentioned,. but Ijust-! don't know.
Another concern I have is my property value being right across the street. Also,
if the rest of us say-I guess I'm unclear, is this commercial property then? Ail of
this-all that is zoning old town is commercial? Is that true?
Borup: Old town is a separate zoning designation by itself.
Roberts: So it can be anything?
Smith: Anything-there is some permitted-there is conditional use...
Borup: Most of it is conditional use, there are a few permitted uses. It's a mixed
use type.. of thing they are talking about having public and cultural, financial and
recreation and general business mixed in with high and low density residential.
Roberts: Okay, I guess my concern was-had probably been aired about the
value of the property also.
Borup: So do you feel that commercial property sells for less than residential
then?
quite~an areaTthat is~zoned as old town and I guess you know°maybe in my: mind
some of it is more°old town. mixed use encouraged than others. I guess where
do you draw that line between those areas'and strictly residential, I don't know.
It's hard to draw a line as~things are growing and expanding. It is adjoining a
property that is a business use right now.
Smith: ~ That-.would be west?
~F
Borup: The property to the west. Maybe something to encourage improvement
of that property wouldn't hurt. ThisLLmight'do that; I don't know
Nelson: I have a question for Shari. From a planning standpoint, I know we've
got the Comprehensive Plan provision through, what does the planning
department--how do would they like to see old town developed? Because it
almost needs to have a plan.within old town~as to what which ~partremains more
residential and which part more commercial, in my mind. It's pretty open ended
right now. ~ ~~ _~
Smith: You mean vague?
Nelson: Yeah, vague that's`a...°
Shari: I prefer not too constraining
Nelson: Not too constraining.. Okay.,.an my mind i would be inclined to
encourage the applicant to do what he is trying to do but in an area more
appropriate, is there a plan, is there a direction, is there a vision?
MacCoy: There is,=let me .point out this morning I went to a meeting, followed by
a meeting which was called old town. There is a whole group of people and
outsiders as well putting together a revised plan of:what`old town'should' look .like
inEthe future. The visionary'plan grid they are°making considerable progress on
this'so that will~be turned ,over to the mayor of our city at the end of this year as a
formalized plan which will be sent out to the public for review and so on.
s€~ 9~ y-
Borup: That is something that would be incorporated. in the Comprehensive
Plan? is that what they envision there?
a. ~ ,.s aim, +` r '7
MacCoy: Yes,~they are getting a head start because they know this is coming up.
Borup: My point;we-just approved a:project a month`or go so that~was~the same
distance off~East 1St as this. A bridal saloon, which again was limited traffic.
MacCoy: Well; we've denied some~and~we've°passed some depending on-.how it
fits the neighborhood.- How`we feel: §Y , , ~ ., ~ ~ 4~
~.
~; ~ ~ ~ ~
Borup: I've seen more-I know probably the,area between East,1st and Meridian
is. probably been more of the old town development than west of Meridian-I `
mean East yeah west of Meridian and east of East;lst. It depends on how far
out from the city center you are too.
MacCoy: Let me just give you the information that there is a plan being put
together right now so it will be presented to the mayor at the end. of this year. It's
your choice what you want to do with this.
Smith:t Shari,.is all the property south of King Street between East 1St and East
2"d, is that all currently residential use?
Stiles: All of it? F, ~ v ~ ~~ ~ ~{
Smith: Between East 1St andfEast 2"d on the south side of King Street. ,~
- ~...~: ,
Shari: No. There is ~a hub cap store-right on.East 1St Street.
Smith: Okay, this map tiad me confused. r ~ ~ ~ r
~ s ~'~ • ~,~,; ~ ,~ ,
Borup: The streets aren't labeled.
. ~ - a ~ - ~ t ~~ ~ ~.~.:
Smith: (Inaudible) Okay,.l know where laam. ;
Borup: Well, the streets aren't labeled... ~. .
. ~ .
Smith: ~ I know that.
Borup: Franklin is calved Cottonwood, or something.
Smith: Right„I found Meridian Road and I was think that-okay, I know where
I'm at. Then, what about the parcel right behind the hub cap place, is that
commercial or residential?~r ~.~ .~ - ~ +. t
Stiles:. t=think it is residential, it is primarily,residential beyond the;first lotion east
1St Street... ~ ~ ~ ; .
Borup: ,You get down to Bowers Street and it's commercial, well, all the way till it
., . - .~,
ends, mixed in.
y q
Nelson: What's the chances of Half of this being commercial in the next five
years....anyway? : ,~
Borup:ai Five years, I wouldn't say they are great. I don't think it's going to grow
that-I don't think it's going to happen that fast. The type of things that are going
to go into this type of thing are going to be small type businesses. At least that's
what we've seen so far, something that is=1 don't know, it could be accountants
office or things like that, but small type businesses that are looking at that major
retail traffic, because they are just not going to be attracted to little places like
this.
De Weerd: Some more designation type of businesses.
Borup: Well, that's my guess, but what do !know?
MacCoy: I think you are going to find that they are all homes businesses that will
go in like attorney's, CPA, and so on that will use the home as it is.
Borup: Yeah, they are not going to tear it down, like north end of Boise.
Nelson: Let me make this one last comment before (make a motion. Some of
the other developments of this type where they've taken homes and want fo
make them commercial, in a lot of cases, the neighbors are almost encouraging it
because they would {ike the value of their property to raise in a commercial
fashion also. Here we have a case where most of the residents aren't inclined to
move that way, which for me would weigh heavier toward the denial. I haven't
seen anyone stand up here saying that as soon as this is approved that I'm
looking at selling my house in two years. There you have it.
Borup: The other aspect that was brought out, this is a conditional use permit.
It's not a permit commercial zoning, any other business that went in there would
have to come back for another conditional use, if this business...
MacCoy: That's true.
Borup: Well, maybe that's a question.
Nelson: They have their complaints probably.
Borup: The applicant stated that the traffic is by appointment only, rather than a
walk in type.. 1 guess that could be made a condition of approval. I'm assuming
that could be. It may be a little hard to enforce but that would be part of the
conditional use.
MacCoy: What's that going to (Inaudible}?
Borup: Neighbors too concerned about too much traffic.
MacCoy: Well, the traffic could still increase if he gets to be well know to the
point where they would beat a path to his door. Which every (Inaudible) would.
like to have, phone calls or not.
~Borup: I'm thinking out loud.
De Weerd: I guess the considerations that I'm seeing is we need to remain
sensitive to the residential flavor. Certainly, you wonder on the properties
coming off of East 1St, how the resale value are-is in anything other than
commercial, being so c{ose to such a busy street and how those residences are
kept up, would probably be another issue. I haven't seen the property so I don't
know for that block stretch if those are well kept properties. The properties,
except the property that is before us-I've heard someone mention that one is a
boarded up house and in poor condition and the home on the other side across
the street is weed infested and not kept well either. If businesses were to' go in
there and again, I wouldn't imagine a business that depends on traffic driving by
there going in those locations. They would be more service designation only
type of businesses. ~At least those places would be kept up. Maybe those would
keep your values for the residential. Or if you want to just try and see who buys
those types of properties, I don't know, that's a hard call.
(Inaudible)
Rossman: Ma'am the public hearing has been closed, can't have anymore
testimony.
De Weerd: But i guess those are the issues. I understand them wanting to keep
their neighborhood residential and once you start commercial in there, it's going
to go commercial.
Nelson: I'm inclined to make a motion that we send this to City Council with the
recommendation for denial.
De Weerd: Based on the lack of support from the local residents and the
ambiguity of old town anyway. {think it's appropriate.
Smith: Second.
MacCoy: All in favor?
MOTION CARRIED: Three ayes, one nay.
MacCoy: It's approved. Mr. Attorney you can draft it that way to the council.
Rossman: It will be in form of a recommendation to the City Council under the
Meridian Planning and Zoning Ordinance there will not be another public hearing
before the City Council. They will make there determination based upon the
record that was submitted today. There are-under the Meridian Planning and
Zoning Ordinance there will not be another public hearing before the Meridian
City Council on this matter. It will be decided-their decision will be based solely
upon the testimony at this hearing. There are appeal rights, that are set forth..
within the Planning and Zoning Ordinance that you can file an appeal. You can
contact Shari Stiles office if you would like to review the ordinance.
(Inaudible)
MacCoy: Council, would you repeat the recommendation?
Rossman: -Yes, Commissioner Nelson raised a motion to send the matter on to
the City Council with the recommendation of denial of the application and that
motion was approved by a three to one vote.
MacCoy: The speech is in your favor as homeowners, so it's a good thing that
you came out.
Nelson: Just for the benefit of the audience, the City Council makes the final.
MacCoy: (Inaudible) come forward and ask the question of what, us, or the...
(Inaudible)
MacCoy: The council just said it's not an open meeting (Inaudible) it's not a
public hearing, you can go and listen to it, but it's not a public hearing where you
can speak.
~, :y s .
Mayor
ROBERT D. CORRIE
ouncil M mb r
CH:4RLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH B[RD
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4'433 • Fax (208) 887-4813
REcE~D
LEGAL DF~M~f~'
~2os> 64.~f X998
Pu~i~xv>~c~Ii.IDIAN
Bu1Lrli~rZONING
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: November 3, 1998
TRANSMITTAL DATE: October 19, 1998 HEARING DATE: November 10, 1998
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL CARPET STORE
BY: CLAY HARTZ
LOCATION OF PROPERTY OR PROJECT: 126 KING STREET
TAMMY DE WEERD, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELlM & FINAL
YOUR CONCISE REMARKS:
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: r ~
ADDRESS:
1
Li
GENERAL LOCATION: 1 ~ ~ _ 1 V_S~Q ~~ -" C~~'
DESCRIPTION OF PROPOSED CONDITIONAL USE:
C m-~ r0 c~-c~~-
ZONING CLASSIFICATION:~~~ ~>~
I certify that the information contained herein is true and correct.
Signature of Applicant ~„
Social Security Number a l ~-- ~~ - ~C~
LEGAL NOTICE OF PUBLIC HEARING
Ptusuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m. The purpose of the Hearing is to consider a
CONDITIONAL USE PERMIT submitted by
the property generally descnbed as located at _
-~ -
TO
SUBDIVISION, BLOCK ,LOT
for
September 25, 1998
1. Clayton Hartz 1700 N. La~e1 ~;~ . ID 83705 (20.8)322-6519
2. John R. Jr. Spencer & Nancy J. Spencer
3 . Lots 16 & 18 Inc. Blk 6 bowers Addition -Meridian
4. Attached
5. Residential (Rental)
6. Residential (Rental)
7. Floor Covering Store
8. Old Town -Commercial
9. Attached
10. Attached
11. Meridian
12. Adjacent to Commercial property
13. Attached
September 25, 1998
To Whom It May Concern:
Nancy Spencer, do hereby authorize Clay Hartz to apply for a conditional use permit for the property
located at 126 King, Meridian, Idaho.
/
~
STATE OF IDAHO )
ss.
County Of Ada )
On this ~~ day of ~c"~t ~ , 1998, before me, the undersigned, a Notary
Public in and for said State, personally appeared Nancy Spencer, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged to me that she executed the same.
t~ Public for Idaho
esiding At /Z/(~ ~G~•' ~ `'~
My Commission Expires /rte/ r.~c~
14. I Clayton C. Hartz, agree to pay any additional sewer, water or trash fees or
charges, if any, associated with the use, whether that use to be Residential,
Commercial or industrial.
~~~ ~ 7
i ~ ~. ---~
r
1
../~+. `i
15. T Clayton Hartz have read the contents thereof and verify that the information
contained therein is true and correct.
a
g
~~
16. I Clayton Hartz agree to post property located at`126=King St Meridian, Idaho
83642 one week. before hearing stating that I have applied for a conditional use
permit.
t
a ~
;~
t
r
~:
i.
$. + ,+.
S
i
r